REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
JUNE 5, 2012
THE REGULAR CITY COUNCIL MEETING of the City of Port Orange was called to order by Mayor Allen Green at 7:01 p.m.
Pledge of Allegiance
Roll Call: Present: Councilman Donald Burnette
Councilman Dennis Kennedy
Mayor Allen Green
Absent: Councilman Bob Ford
Vice Mayor Bob Pohlmann
Also Present: Kenneth W. Parker, City Manager
Margaret T. Roberts, City Attorney
Robin Fenwick, Deputy City Clerk
SPECIAL AWARDS, RECOGNITION, PROCLAMATIONS, AND REPORTS
Mayor Green asked Council to start with the Spruce Creek High School Hawks Baseball team. Council agreed and recognized the team for winning the state championship title.
4. Youth Advisory Board’s Youth Achievement Award
Shannon Lewis, Asst. City Manager, addressed Council relating to the Youth Achievement Award and introduced Jonathan Montes de Oca who presented the award to Mr. Eloi LeRoux, Junior at Spruce Creek High School. Mayor and Council members thanked Mr. LeRoux for his accomplishments.
5. Parks & Recreation Advisory Board Quarterly Report
The Parks & Rec Advisory Board report was provided by John Cameron. The Board heard from Jean Miller asking for a pocket park to be named on behalf of Mr. Larry Haynes. Mr. Cameron asked Council for direction on how they would like the Board to move forward with naming parks after people who have made significant contributions to the City. The Board has been looking at land for canoe launching. Discussion was held with the Board relating to large baseball fields, specifically at Atlantic High School. Co-sponsorships were discussed with a contract being developed. The next meeting will be Sept 25th.
Mayor advised that he believes the Board should be the brains behind the Parks department without restrictions from what Council might think. He wants the Board to be open-minded.
Councilman Kennedy is glad the extra members are helping. He agrees with Mayor Green. He wants the Board to bring the ideas.
Councilman Burnette also agrees. He wants the Board to think outside the box. He thanked Mr. Cameron for his work on the Board.
6. Code Enforcement Officers Proclamation
Kerry Leuzinger, Chief Building Official, addressed Council and thanked the Code Compliance Inspectors for their work. Mayor Green read the proclamation to the Code Enforcement Officers for the City.
Mayor Green advised that he wants to rethink his request to have code officers working seven days a week. He'd like it re-visited after trying it for a few weeks.
CITIZEN PARTICIPATION (Agenda)
7. Waiver of fees in exchange for service hours for Boy Scouts in Three Rivers District – John Junco
John Junco addressed Council and requested a waiver of the fees in exchange for service hours to hold the fall camporee at Silver Sands Middle School. The YMCA is in agreement with having the boys work on swimming merit badges. He has obtained the liability insurance and filed the necessary forms.
Councilman Kennedy welcomes the idea and would like to hear if there are any legal issues.
Councilman Burnette asked about the Pop Warner awards and practices. Mr. Junco said he has cleared it with the school.
Mayor Green is good with it as long as the legal issues are handled.
Mr. Parker will work with Mr. Junco and the legal department.
CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)
Corey Burman asked if there is an accounting of the staffing at fire station #73. Mr. Parker said he will provide it. Mr. Burman asked if Mayor Green's olive trees are a business or a hobby. Mayor Green advised that it is none of his business. Mr. Burman asked if the City Attorney could investigate. Attorney Roberts advised that she does not do investigations at citizens' requests.
Ted Noftall addressed Council relating to the pension plans. He has questions that he'd like answered. Mayor Green said they will provide the answers, but answers are not provided during citizen participation. Mr. Noftall wants the pension plans handled.
8. Approval of Minutes
a. May 15, 2012 – Special City Council Meeting
b. May 15, 2012 – Regular City Council Meeting
9. Construction Activity Report
10. Update on Recreational facilities
11. Proposed License Agreement – Lots 9 and 10, Block 3, Harbor Oaks Unit 1 Subdivision (5857 Riverside Drive; Tax parcel no. 6314-03-03-0090)
12. City Attorney’s Report
13. Authorization for Legal Action – Stottler Stagg
14. TCPN (The Cooperative Purchasing Network)
15. Contract for Fireworks by Santore, Inc. for 4th of July and approval of Addendum for “Price Freeze” for three consecutive years.
16. Extension of Wrecker Service Agreement
17. Approval to utilize Volusia County Contract with Phillips and Jordan, Inc. for Emergency Debris Removal
18. Approval to utilize Volusia County Contract with the Unified Recovery Group for Emergency Debris Removal
19. Approval to utilize Volusia County Contract with Ash Britt, Inc. for Emergency Debris Removal
20. Approval to utilize Volusia County Contract with Crowder Gulf for Emergency Debris Removal
21. Amendment 5 to Contract for Professional Engineering Services for Design, Construction Administration, and Inspections for City Center Ball field improvements
22. Addendum No. 4 to Contract with Stottler Stagg & Associates, Inc.
23. Change Order No. 1 to City Hall A/C Professional Services Contract with Energy Design, Inc.
Motion to approve Consent Agenda made by Councilman Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.
COMMUNITY DEVELOPMENT (Wayne Clark)
24. First Reading – Ordinance No. 2012-11 - Annexation/Copp, George Jay, 2165 and 2173 Tomoka Farms Road (with corrected legal description)
Mayor Green read Ordinance No. 2012-11.
ORDINANCE NO. 2012-11
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ANNEXING APPROXIMATELY 16 ACRES OF LAND LOCATED AT 2165 AND 2173 TOMOKA FARMS ROAD, TOGETHER WITH THE ADJOINING 50-FT PLATTED (UNNAMED) UNPAVED ROAD ABUTTING THE SOUTHERLY BOUNDARIES OF THE SUBJECT PROPERTY AND EXTENDING EAST FROM TOMOKA FARMS ROAD FOR A DISTANCE OF APPROXIMATELY 1716 FEET; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Attorney Roberts advised that Exhibit A was revised and provided on the dais. First reading is being re-done to correct the legal description. Second reading is still scheduled for June 19, 2012.
Motion to approve Ordinance No. 2012-11 made by Councilman Kennedy, and Seconded by Councilman Burnette. Motion carried unanimously by roll call vote with no comments.
25. Resolution No. 12-25 - 12-35000001/Proposed Easement Vacation – Lot 413, Royal Palm PUD –Phase 3 Partial Replat (1509 Areca Palm Drive; Tax Parcel No. 6213-08-00-4130)
Mayor Green read Resolution No. 12-25.
RESOLUTION NO. 12-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, VACATING A PORTION OF THE 10.00-FOOT WIDE DRAINAGE EASEMENT LOCATED ON LOT 413, ROYAL PALM P.U.D., PHASE III PARTIAL REPLAT, AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A QUIT CLAIM DEED; AND PROVIDING AN EFFECTIVE DATE.
Attorney Roberts advised there is a document provided showing the property involved.
Motion to approve Resolution No. 12-25 made by Councilman Kennedy, and Seconded by Councilman Burnette.
Mayor Green advised that Winston Swartz sent an email with a drawing to him. Mr. Swartz addressed Council and advised that he sent the email to Mayor Green's office directly. Mayor Green advised Council of the information he had requested from Mr. Swartz.
Attorney Roberts advised there is a Hold Harmless and Indemnification document attached to the Resolution.
Councilman Burnette has no problem saying yes but he agrees with Mayor Green and wants someone to say it's been engineered properly.
Councilman Kennedy agrees and doesn't have a problem with the item.
Mayor Green wants the engineering certificate to be attached to the resolution.
Mr. Parker said the motion would need to be amended. He advised that there is an active pipe in the easement. Staff is recommending denial because of the active easement. He advised that the codes allow some types of encroachment on active pipe easement but this is not that type, this is a building.
Attorney Roberts advised that the amendment could be made under paragraph #2.
Potential impact was also discussed by Mayor Green.
Motion to amend the Motion by Councilman Kennedy to include the addendum as requested by Mayor Green, and Seconded by Councilman Burnette. Motion carried unanimously by roll call vote.
Motion to approve Resolution No. 12-25 to include the engineering certification as requested by Mayor Green. Motion carried 2-1 by roll call vote. Councilman Burnette voted no.
26. Amendments to the FY 2006-2010 & FY 2011-2015 CDBG Consolidated Plans and FY 2010 & 2011 Annual Action Plans
Donna Steinebach, Assistant to the City Manager, advised Council that this item re-directs $95,000 to the Safe Routes to School Sidewalk project at Port Orange Elementary and Silver Sands Middle School area.
Councilman Kennedy asked which projects did not move forward.
Ms. Steinebach advised that the painting project (World Changers) did not return this year and the other $75,000 was for senior affordable housing project that did not move forward.
Councilman Burnette is happy with the recommendations to add sidewalks for children. It will have a huge impact.
Mayor Green asked if the "sidewalks" could be "pathways" instead so that bikes could use them.
Motion to approve made by Councilman Kennedy, and Seconded by Councilman Burnette. Motion carried unanimously by roll call vote after no comments.
27. Comments/Concerns from Council Members
Councilman Burnette advised that Mary Martin's hip replacement surgery went well. She's ready for the City Manager’s Selection Committee. Councilman Burnette wants to remember the sense of community during the 100 year celebration in 2013.
Mayor Green asked about the clearing of Riverwalk. Donna Steinebach advised it has started from the south to the north. The change order was done to not remove the plants at the direction of the City and CRA. Once the City and CRA properties are cleaned up, the other owners will be required to meet current codes.
Councilman Kennedy asked about the 4th of July celebration in 2013 in Riverwalk. Mr. Parker advised that parking is the main issue, but Staff will bring back a report.
Mr. Parker thanked Council for showing up at the Jacksonville Jaguars event. There may be a special meeting on June 21st at 5pm because of a bond market contract.
28. Community Development Budget Presentation
Wayne Clark, CD Director, addressed Council relating to the CD report and budget requests for FY2013. Benchmarking was discussed, as well as best practices. Neighborhoods sustaining vs. declining criteria was explained. Backflow testing is required by State mandates and enforcement is done by the County through the City’s Code Enforcement Officers. Code case totals have gone up year after year.
Councilman Kennedy asked Mr. Clark to keep the budget as low as possible.
Altamira plans were discussed in detail.
Councilman Burnette thanked Mr. Clark for bringing a budget that is lower than last year. He's surprised they didn't ask for more code enforcement officers. He would like department heads to provide Council with a vision for the next 1-5 years. Mr. Clark believes there is more room to work on efficiencies.
Mayor Green knows they are going to have to reinvest.
Mayor Allen Green
Kenneth W. Parker, City Manager